United States v. Rigoberto Najera Rodriguez

976 F.2d 739 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Rigoberto Najera RODRIGUEZ, Defendant-Appellant. No. 89-50627. United States Court of Appeals, Ninth Circuit. Argued and Submitted Aug. 17, 1992. Decided Sept. 23, 1992. 1 Before TANG and CYNTHIA HOLCOMB HALL, Circuit Judges, and JENSEN, * District Judge. 2 MEMORANDUM ** 3 Appellant Rigoberto Najera Rodriguez has been convicted of possession of cocaine with intent to distribute in violation of 21 U.S.C. § 841 (a)(1). He claims that his conviction must be reversed for four reasons. None of them are persuasive. We affirm. 4 First, appellant claims that the district court erred in failing to give the jury an instruction on a lesser-included offense of possessing less cocaine than the ten kilograms alleged in the indictment. Appellant did not request such an instruction at trial, therefore the Court reviews the district court's failure to give the instruction for…